Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71463 of 2019 Arising Out of PS. Case No.-517 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Rohit Kumar Son of Lal Babu Rai Resident of Village - Kharauni, P.S.- Marhowrah, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 467, 468, 469, 471 and 414 of the Indian Penal Code.

Allegation against the petitioner is recovery of one stolen motorcycle from his house.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted on behalf of the petitioner that petitioner had no knowledge that the aforesaid motorcycle was stolen property, as the same was purchased from Mohan Singh and Manish Kumar Singh on payment, which is apparent from the FIR itself. Petitioner has no criminal antecedent and he is in custody since 27.07.2019.

Patna High Court CR. MISC. No.71463 of 2019(2) dt.28-11-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Marhowrah P.S. Case No. 517 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) S.Katyayan/- U